Sujit Kumar Gopal & Ors vs Agricultural And Processed Food ... on 17 February, 2023

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Delhi High Court - Orders

Sujit Kumar Gopal & Ors vs Agricultural And Processed Food ... on 17 February, 2023

Bench: Prathiba M. Singh

                          $~57
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +           W.P.(C) 2087/2023 & CM APPLs. 7928/2023, 7929/2023
                                 SUJIT KUMAR GOPAL & ORS.                      ..... Petitioners
                                                 Through: Mr. Aman Vachher, Mr.Dhiraj, Mrs.
                                                           Anshu Vachher, Mr. Ashutosh Dubey,
                                                           Mr. Abhishek Chauhan & Mr. Amit
                                                           Kumar, Advocates
                                                 versus
                                 AGRICULTURAL AND PROCESSED FOOD PRODUCTS
                                 EXPORT DEVELOPMENT AUTHORITY APEDA
                                 & ANR.                                      ..... Respondents
                                                 Through: Mr Kumar Gautam, Assistant
                                                           Manager (APEDA)
                                                           Mr Vibhor Aggarwal, APEDA (M-
                                                           9560480106)
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                           ORDER

% 17.02.2023

1. This hearing has been done through hybrid mode.

2. The Petitioners are aggrieved by the fact that their bids for construction of India Pavilion at 'GULFOOD-2023' scheduled from 20th to 24th February, 2023 at Dubai, UAE and 'NATURAL PRODUCTS EXPO WEST 2023' scheduled from 7th March, 2023 to 11th March, 2023 at Anaheim, USA have not been considered by the Respondents.

3. According to the Petitioner, all the requisite documents and details were submitted by the Petitioner. However, the Petitioner has not heard from the Respondents at all.

4. Mr. Kumar Gautam, Assistant Manager, APEDA has appeared on advance notice of the petition and submits that the technical bids have already been opened and the Petitioners' bid was found to be non-compliant.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.02.2023 18:23:38

Thereafter, financial bids of various bidders have also been opened. According to him, in both the said projects, there were four and three bidders who were found compliant and tenders have already been awarded.

5. A perusal of the dates of the said conferences would show that they are very proximate. In fact, Gulfood is from 20th February, 2023 to 24th February, 2023 and the Natural Products Expo is from 7th March, 2023 to 11th March, 2023. Considering the proximity and nature of the project, this Court is not inclined to intervene in this matter.

6. It is made clear that merits of this case have not been considered by the Court.

7. The Respondents have clarified that the Petitioner has not been debarred and is free to participate in future tenders.

8. Petition is disposed of in these terms. All pending applications are also disposed of.

PRATHIBA M. SINGH, J FEBRUARY 17, 2023 Rahul/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.02.2023 18:23:38

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Delhi High Court - Orders